Claimant v Thrifty Car and Van Rental
Outcome
Individual claims
Claim struck out for non-compliance with tribunal directions and failure to actively pursue the claim. The claimant failed to comply with disclosure directions, did not respond to an unless order application, did not provide the required bundle or witness statements, and had no contact with the tribunal or respondent since filing the claim in October 2024. The claimant did not attend the strike-out hearing and provided no explanation for his absence.
Facts
The claimant filed an unfair dismissal claim in October 2024 following ACAS early conciliation from August to September 2024. The respondent filed a response in November 2024 and the tribunal issued directions in February 2025. The claimant failed to comply with disclosure directions, did not respond to the respondent's unless order application, and made no contact with either the tribunal or respondent after filing the claim. The claimant did not attend a strike-out hearing scheduled for June 2025 despite proper notification.
Decision
The tribunal struck out the claimant's unfair dismissal claim under rule 38(1)(c) and (d) of the Employment Tribunal Procedure Rules 2024 for non-compliance with tribunal directions and failure to actively pursue the claim. The claimant had been given reasonable opportunity to make representations but failed to do so.
Practical note
A claimant who fails to engage with tribunal proceedings, comply with directions, or attend a strike-out hearing will have their claim struck out for non-pursuit and non-compliance.
Legal authorities cited
Statutes
Case details
- Case number
- 6014680/2024
- Decision date
- 19 June 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No